| DAVID G. HARRIS V WARD GREENBERG HELLER & REIDY LLP, TONY SEARS, THOMAS S. D'ANTONIO, SYRACUSE UNIVERSITY, NANCY |
| Motion No: CA 16-00902 |
| Slip Opinion No: 2016 NY Slip Op 76081(U) |
| Decided on June 7, 2016 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 16-00902
| DAVID G. HARRIS, PLAINTIFF-APPELLANT, V WARD GREENBERG HELLER
& REIDY LLP, TONY SEARS, THOMAS S. D'ANTONIO, SYRACUSE UNIVERSITY, NANCY CANTOR, ERIC SPINA, MELVIN STITH, RANDAL ELDER, SUSAN
ALBRING, AND BRIAN F. DEJOSEPH, DEFENDANTS-RESPONDENTS. |
Respondents Ward Greenberg Heller & Reidy LLP, Tony Sears, Thomas S. D'Antonio, Syracuse University, Nancy Cantor, Eric Spina, Melvin Stith, Randal Elder, and Susan Albring having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on February 1, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of Thomas S. D'Antonio, Esq., sworn to May 25, 2016, and June 3, 2016, the affidavit of Harold A. Kurland, Esq., sworn to May 25, 2016, the notice of motion with proof of service thereof, and the affidavit of David G. Harris, sworn to May 31, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before August 5, 2016.
Entered: June 7, 2016
Frances E. Cafarell, Clerk